Investigators seek to block VA retaliation against whistleblowers

Earlier this month, the U.S. Office of Special Counsel announced it was investigating 37 allegations of whistleblower retaliation against Department of Veterans Affairs employees throughout the country.

The whistleblowers had disclosed improper scheduling practices and other threats to patient care, and in some cases were suspended without pay or demoted, according to the report.

In response, the Office of Special Counsel – an independent federal investigative agency established to protect federal employees – created a secure channel for whistleblower communications and obtained corrective actions on behalf of VA employees.

Those recent actions on behalf of whistleblowers are part of a larger trend toward protecting employees who report “primary and unique” information about fraud, misconduct or other malfeasance, said Jeffrey Newman, a Boston attorney who specializes in whistleblower law.

“There’s a growing recognition that these people need to be protected,” Newman. “Those protections have to be engaged, they have to be asserted.”

On Monday, the Office of Special Counsel revealed that a psychiatrist working for the VA in Brockton disclosed two allegations of patient neglect.

The whistleblower was not identified in a letter sent to The White House.

Newman said there are many varieties of whistleblower.

Some maintain anonymity, others disclose their identities fully.

Some hire legal counsel right away, others lean heavily on federal and state protections. Some seek financial reward, others seek only to expose wrongs.

Often, a whistleblower starts by attempting to alert officials in their company or government agency about the problems before going to authorities, Newman said.

In the Brockton case, Newman said he believes the “wholesale recognition” of problems in the VA system should help whistleblowers, though “in some cases there will be retaliation.”